Possession of a Firearm by a Felon Lawyer in Virginia — What Are Your Defenses?
Possession of a firearm by a convicted felon is a serious felony under Virginia law, carrying a mandatory minimum sentence. If you are a felon facing a firearm charge in Virginia, you need a strong defense. A possession of a firearm by a felon lawyer Virginia from Law Offices Of SRIS, P.C. can challenge the evidence and protect your rights.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Law on Felons Possessing Firearms
Under Virginia Code § 18.2-308.2, it is unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm. This statute is strictly enforced and applies regardless of how much time has passed since the felony conviction. The law defines “firearm” broadly, including any weapon designed to expel a projectile by action of an explosion. A conviction under this statute is a separate felony from the underlying crime and carries severe penalties.
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-308.2 (official Virginia General Assembly website). For court-specific procedures, you can visit the Virginia Judicial System website.
Defending a Firearm Possession Charge in Virginia
Virginia statewide practice requires a defense strategy case-specific to the specific facts of your arrest. Prosecutors must prove you knowingly and intentionally possessed the firearm. A common defense involves challenging whether you had actual or constructive possession of the weapon. Another defense may involve questioning the legality of the search that discovered the firearm. In some cases, exploring options for restoration of firearm rights may be a long-term strategy, though this does not apply to pending charges.
- Contact a defense attorney immediately after arrest or charge.
- Your attorney will secure all police reports, evidence, and discovery.
- Your lawyer will file pre-trial motions, potentially to suppress evidence.
- Negotiate with the prosecutor for a possible reduction or alternative resolution.
- Prepare for trial if a favorable plea agreement cannot be reached.
- Address sentencing and any post-conviction appeals or rights restoration if necessary.
Penalties for Possession of a Firearm by a Felon in Virginia
In Virginia, possession of a firearm by a convicted felon is a Class 6 felony, carrying a mandatory minimum sentence of two years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Felony record, loss of voting rights, difficulty finding employment/housing |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Virginia Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm brings over 120 years of combined legal experience to every case. We understand the severe consequences of a felony firearm conviction and work to build the strongest possible defense. Our approach is direct and focused on protecting your future.
Case Results in Virginia
Our firm has a firm-wide track record across VA, MD, NJ, NY, and DC of 4,739+ documented results with a 93%+ favorable outcome rate. While every case is unique, our team, including experienced attorneys like Kristen M. Fisher, a former Maryland Assistant State’s Attorney, works to achieve the best possible result in each situation.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Firearm Charge Defense Lawyer Near You
We serve clients throughout all Virginia communities. Contact us for a consultation regarding your firearm charge or other serious criminal matters. Our team is also prepared to assist with related charges, such as those requiring a drug crime attorney or a narcotics defense lawyer.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Do I need a federal criminal lawyer in Virginia (Statewide), VA?
Yes. Federal Criminal cases in Virginia (Statewide) require experienced legal representation. SRIS has documented case results across VA with over 93% favorable outcomes. Consultation by appointment — (888) 437-7747.
How much does a federal criminal lawyer cost in Virginia (Statewide), VA?
Attorney fees for federal criminal cases in Virginia (Statewide), VA vary based on complexity. SRIS offers consultation by appointment to discuss your case and fee structure. Payment plans available. Call (888) 437-7747.
What should I look for in a federal criminal lawyer in Virginia (Statewide), VA?
Look for documented case results, courtroom experience in Virginia (Statewide) courts, and a track record in federal criminal matters. SRIS has 4,739+ documented case results and former prosecutors on staff. Consultation by appointment — (888) 437-7747.
Can a prior drug conviction affect my firearm charge?
Yes. A prior felony drug conviction makes a subsequent firearm charge extremely serious. Consulting a drug possession lawyer or a controlled substance lawyer for the underlying charge is crucial, but a new firearm charge requires a specialized defense focused on the firearm statute’s penalties.
What is the first thing I should do if charged as a felon with a gun?
Do not speak to law enforcement without an attorney. Immediately contact a possession of a firearm by a felon lawyer Virginia. An attorney can protect your rights during questioning and begin building your defense strategy from the very start.
Internal Links: For more information on related defenses, see our Virginia Criminal Lawyer hub page. If you are in a specific locality, consider our Criminal Defense Lawyer in Fairfax County. For other legal issues, we also handle Traffic Violations in Virginia.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.